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| | SB2882 Enrolled | | LRB097 17114 CEL 62312 b |
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| 1 | | AN ACT concerning State government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Department of Natural Resources |
| 5 | | (Conservation) Law of the
Civil Administrative Code of Illinois |
| 6 | | is amended by changing Section 805-40 as follows:
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| 7 | | (20 ILCS 805/805-40) (was 20 ILCS 805/63a41)
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| 8 | | Sec. 805-40. Adopt-A-Park program. The
Department shall |
| 9 | | may establish and maintain
Adopt-A-Park programs
with |
| 10 | | individual or group volunteers, if requested by an individual |
| 11 | | or group volunteers, in an effort to reduce and remove litter
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| 12 | | from parks and park lands and to provide other services. The |
| 13 | | Department shall retain the ability to approve or deny an |
| 14 | | individual or group volunteer's request; however, the |
| 15 | | Department must state the reason for the request denial. These |
| 16 | | programs shall include but not be limited to
the following:
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| 17 | | (1) Providing and coordinating services by volunteers |
| 18 | | to reduce
the amount of litter, including providing trash |
| 19 | | bags and trash bag pickup and,
in designated areas where |
| 20 | | volunteers may be in close proximity to moving
vehicles. |
| 21 | | Individuals or volunteers must bring their own , providing |
| 22 | | safety briefings and reflective safety gear.
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| 23 | | (2) The Department shall provide a certificate of |
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| 1 | | appreciation to individual or group volunteers as |
| 2 | | recognition of their Adopt-A-Park efforts at a particular |
| 3 | | Department site. Providing and installing signs |
| 4 | | identifying those volunteers
adopting particular parks and |
| 5 | | park lands.
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| 6 | | (3) Volunteer services shall not include work |
| 7 | | historically performed by Department employees, including |
| 8 | | services that result in a reduction of hours or |
| 9 | | compensation or that may be performed by an employee on |
| 10 | | layoff; nor shall volunteer services be inconsistent with |
| 11 | | the terms of a collective bargaining agreement. |
| 12 | | The State and the Department,
its directors, employees, and |
| 13 | | agents shall not be liable
for any damages or injury suffered |
| 14 | | by any person resulting from his or her
participation in the |
| 15 | | program or from the actions or activities of the
volunteers, |
| 16 | | except in cases of willful and wanton misconduct. Any group and |
| 17 | | its individual members who wish to volunteer or any individual |
| 18 | | who wishes to volunteer is required to execute a general |
| 19 | | release and hold harmless agreement before beginning any |
| 20 | | volunteer activity or work. An officer, director, or other |
| 21 | | representative of any group shall also be required to execute a |
| 22 | | general release and hold harmless on behalf of a group. The |
| 23 | | agreement shall be prepared and provided by the Department. |
| 24 | | By engaging in volunteer activities under this Act, |
| 25 | | volunteers fully acknowledge and understand that there shall be |
| 26 | | neither any (1) promise or expectation of compensation of any |
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| 1 | | type, including benefits, nor (2) creation of an |
| 2 | | employer-employee relationship. The Prevailing Wage Act and |
| 3 | | the administrative rules adopted thereunder, 56 Ill. Adm. Code |
| 4 | | 100, shall not apply to any Department project or job in which |
| 5 | | volunteers are utilized under the Adopt-A-Park program. |
| 6 | | (Source: P.A. 90-14, eff. 7-1-97; 91-239, eff. 1-1-00.)
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| 7 | | Section 99. Effective date. This Act takes effect upon |
| 8 | | becoming law.
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